Turner
Turner v. Apple, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ALASDAIR TURNER, Case No. 5:20-cv-07495-EJD
Plaintiff, ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
v. DISMISS
APPLE, INC., Re: Dkt. No. 34 Defendant.
Plaintiff Alasdair Turner alleges that Defendant Apple, Inc.’s product, the iPhone, possesses software that, when activated, allows the phone to secretly consume cellular data for Defendant’s benefit without the user’s knowledge or consent. On March 4, 2021, Defendant moved to dismiss Plaintiff’s complaint. See Motion to Dismiss First Amended Complaint (“Mot.”), Dkt. No. 34. On March 25, 2021, Plaintiff filed an opposition, to which Defendant filed a reply. See Opposition to Motion to Dismiss (“Opp.”), Dkt. No. 37; Apple’s Reply in Support of its Motion to Dismiss (“Reply”), Dkt. No. 38. Having read the Parties’ papers, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss. I. BACKGROUND 22 …